8 Kan. App. 52 | Kan. Ct. App. | 1898
The defendant in error began this cause in the district court of Doniphan county to quiet her title to land situated therein, which the plaintiff in error claimed to have purchased at sheriff's sale. The only question involved in the case is, Was the land the homestead of the defendant in error, and therefore exempt at the time of the levy and sale ?
The second assignment of error is that the court erroneously admitted testimony in behalf of the defendant in error. Upon an examination of the record, it appears that the questions and answers copied in counsel’s brief were propounded by himself on behalf of his client, and not objected to by defendant in error. He has no cause to complain of the court’s admitting evidence at his own suggestion.
The third assignment is that the judgment is not sustained by the evidence and is contrary to law. There is sufficient evidence in the record, as we find upon examination, to sustain the finding and judgment of the court that the land was the homestead of the defendant in error. It is contended that because the plaintiff left the farm temporarily, with her twm infants, after the decease of her husband, and went to
The seventh assignment of error is that the court denied the defendant’s motion for a new trial. There is nothing pointed out in the record by brief or argument of counsel which was a valid ground under the the statute on which to sustain said motion. The conclusion of the court is well sustained by the evidence, is eminently just, and is affirmed.